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32 | The evidence established that R1 had made prior complaints regarding R2's conduct; however, the investigation did not establish, through witness observations or other corroborating evidence, that a physical assault occurred or that staff failed to take action in response to a substantiated incident of physical abuse. The available evidence was insufficient to establish that staff failed to ensure R1 was free from abuse.
During the course of the investigation, one (1) resident was interviewed regarding the allegation. R1 is no longer a resident of the facility at the time of the investigation and was unavailable for interview. Therefore, R1 could not be interviewed to obtain additional information or clarification regarding the alleged incident. R2 was interviewed; however, R2 was unable to provide information regarding the circumstances or specific details of the alleged physical assault. Consequently, the investigation did not obtain additional information from R1 or R2 that would corroborate the occurrence of the alleged physical assault.
Based on the totality of the evidence obtained during the investigation, the Department was unable to establish by a preponderance of the evidence that staff failed to ensure R1 was free from physical abuse by another resident. Therefore, the allegation that staff did not ensure resident would not be physically assaulted by another resident is determined to be UNSUBSTANTIATED. A finding that the complaint is UNSUBSTANTIATED means although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is unsubstantiated at this time.
An exit interview was conducted where this Complaint Investigation Report (LIC 9099/LIC 9099C) was discussed and a copy was provided to Assistant Administrator Mary Gonzales at the conclusion of the visit.. |